Board Meetings Must Be At Condo

When our board members go back to Canada for half the year, they meet there once a month. They live near each other and claim they can do their job while they are living in Canada during the summer.

Is it legal for the board members to hold meetings in Canada?

A. No. Whether your board lives in Toronto, New York or Chicago, it is improper to hold board meetings in another location.

Although your board members may have the best intentions, the board meetings should be held where you live. Unit owners have the right to attend board meetings.

Q. We rent out our condominium each year, and each year the board has requested that I pay a $50 fee when I submit the lease and information on the tenant. Recently, I read the condo documents and there was nothing that stated the board has the authority to charge any fee regarding lease reviews or approval of the tenant.

When I asked the board about this matter, I was told that Florida law allowed them to charge this fee. What law allows the board to charge owners in this situation?

A. The law in Florida states that the association can charge a fee in connection with the lease or sublease of unit, only if approval is specifically stated in the declaration, articles or bylaws of the condominium.

Since your documents do not give the association the authority, the board cannot legally charge a fee.

Q. I live in a homeowners' association. When I moved in, the common areas were well maintained and the board kept everything beautiful.

Over the years, it has been difficult to find people to serve on the board. Now the common areas look run down and the grass has been replaced with weeds.

Since the board doesn't seem to care, I started to get bids from landscaping companies to determine what it would cost to make our common areas look like they used to.

When the board found out what I was doing, it sent me a letter telling me that I cannot get bids and I was violating the law. Is that true?

A. Whether you live in a homeowners' association or condominium, you cannot take action on behalf of your association. The board of directors is responsible for acting on your behalf.

If you feel the board is failing to carry out its responsibilities, you need to send the board a letter by certified mail, return receipt requested and state your position.

Tell the board you want a response in writing.

If the board fails to provide you with a sufficient answer, seek legal advice.

Mark Bogen is a lawyer based in Boca Raton. For questions about condos and homeowner associations, you can reach him at bogen2000@aol.com or write him c/o the Sun-Sentinel, 333 SW 12th Ave., Deerfield Beach, FL 33442.